Enlargement  of  the  Erie  Canal. 


EFFORTS  OF  THE 

TWELVE  FUGITIVE  SENATORS, 

SUSTAINED  BY  THE 

OPINION  OF  ATTORNEY  -  GEN'L  CHATFIEI.D, 

AND  THE   VOICE  OF  A 

lOCO  FOCO  MilTING  AT  Tfli  CAPITOL, 

ILLUSTRATED  BY  EXTRACTS  FROM 

LOCO  FOCO  ORGANS, 

't  %  VI 

To  defeat  the  Law  providing  for  a  Speedy  Com- 
pletion of  the  Public  Works. 


Without  tracing  the  history  of  the  past,  which  is  replete  with  evidences  of 
determined  hostility  to  the  Erie  Canal,  emanating  from  Tammany  Hall,  and 
pervading  the  councils  of  its  party  throughout  the  State,  we  submit  the  follow- 
ing exposition  of  a  bold  reckless,  revolutionary  attempt  to  defeat  the  law  under, 
which  it  is  hoped  the  People  of  this  State  may  soon  rejoice  in  the  completion 
of  the  Erie  Canal  Enlargement.  That  attempt  was  resisted  and  rebuked. 
But  the  actors  in  it  and  the  abettors  of  it,  now  profess  to  have  grounded  their 
arms,  and  ask  the  electors  to  give  them  POWER  AGAIN  TO  SUSPEND 
THE  PUBLIC  WORKS. 

With  the  remembrance  of  the  action  of  the  Loco  Foco  Administration  of 
1842,  which  not  only  arrested  the  enlargement  of  the  Canal,  but  suspended 
the  Construction  of  the  Black  River  and  Genesee  Valley  Canals,  after  fifteen 
millions  of  dollars  had  been  expended  under  their  own  laws,  and  upon  their 
own  contracts,  we  are  assured  that  the  friends  of  the  Public  Works  will  not 
allow  themselves  to  be  a  second  time  betrayed  : 


2 


OPINION 

Of  the  Attorney-General  in  Reply  to  a  Resolution 

of  the  Senate. 

Attorney-General's  Office,  ? 
Albany,  April  9,  1851.  \ 

To  (he  Senate  of  the  State  of  New-  York. 

I  have  the  honor  to  acknowledge  the  receipt  of  the  following  resolution, 
adopted  by  the  Senate  on  the  seventh  of  April  inst. : 

Resolved,  That  the  Attorney-General  be  requested  to  report,  within  three  days,  to  the  Senatet 
whether,  in  his  opinion,  the  engrossed  bill  from  the  Assembly,  to  provide  for  the  completion  of 
the  Erie  Catial  Erjlargement  and  the  Genesee  Valley  and  Black  River  Canals,  conflicts  with  the 
provisions  of  the  Constitution. 

The  questions  submitted  for  my  opinion  are  exceedingly  grave  and  impor- 
tant, and  deserve  the  most  careful  and  thorough  examination.  No  man 
should  be  willing  to  hazard  an  opinion  on  such  a  subject,  without  patient 
thought  and  faithful  research ;  justice  to  himself,  to  the  subject,  and  the  people 
demand  it ;  but,  the  time  limited  to  my  use  in  the  resolution,  invaded  as  it 
has  been  by  other  and  unavoidable  official  duties,  has  necessarily  rendered  it 
impossible  for  me  to  give  these  questions  the  attentive  examination  I  desired, 
and  they  deserved.  I  have,  however,  thrown  a  few  suggestions  into  a  form, 
quite  crude,  it  is  true,  and  submit  them  to  the  Senate,  in  answer  to  the  resolu- 
tion. ***** 

The  main  question  is.  Is  this  bill  in  conflict  with  any  of  the  provisions  of 
the  constitution  of  this  state  ?  In  construing  constitutions,  "the  safest  rule  of 
interpretation  will  be  found  to  be  to  look  to  the  nature  and  objects,  of  the 
particular  powers,  duties,  rights,  restrictions  and  limitations,  with  the  aids  of 
contemporary  history,  and  to  give  to  the  words  of  each  such  operation,  and 
force,  consistent  with  their  legitimate  meaning,  as  fairly  to  secure  and  attain 
the  ends  proposed."  To  ascertain  the  proper  and  legitimaie  meaning  of  such 
an  instrument,  words  must  bo  understood  in  their  ordinary  sense,  and  senten- 
ces must  be  read  as  they  stand  ;  the  framers  of  the  instrument  must  be  sup- 
posed to  have  used  the  language  of  the  country  according  to  its  natural 
import ;  and  courts  and  legislatures  must  read  and  understand  it  as  it  is  read 
and  understood  by  the  millions.  Applying  these  rules  of  construction,  it  is 
important  for  us  to  know  what  were  the  objects  in  view,  and  the  ends  to  be 
attained  by  the  7th  article  of  the  constitution.  This  must  be  gathered  from 
the  instrument  itself;  by  a  correct  reading  of  each  independent  sentence;  by 
a  comparison  of  its  parts,  one  with  another,  and  by  the  aids  of  contemporary 
history,  'l^he  language  of  the  instrument  is  unequivocal.  The  first  great 
object  of  the  provisions  of  that  article,  as  declared  by  itself,  was  to  secure  the 
speedy  and  certain  payment  of  the  existing  debt  of  the  state,  and  to  that  end, 
certain  means  of  the  state  were  placed  beyond  the  reach  of  delegated  power, 
and  sacredly  dedicated  to  that  object.  The  motive  which  influenced  this 
object,  secured  the  next.  It  was  reasonable  to  suppose  that  the  payment  of 
one  debt,  would  be  no  possible  advantage  to  the  community,  unless  the  crea- 
tion of  a  future  debt  was  prohibited.  The  next  object,  therefore,  was  to 
remove  from  the  Legislature  the  power  to  create  a  state  debt.  To  that  end 
the  constitution  declares,  (see  12),  -'Except  the  debts  specified  in  the  10th 
and  11th  sections  of  this  article,  no  debt  shall  be  hereafter  contracted,  by  or  on 
behalf  of  this  state,  unless  such  debt  shall  be  authorised  by  a  law  for  some 


3 


single  work  or  object  to  be  distinctly  specified  therein  ;  and  such  law  shall 
impose  and  provide  for  the  collection  of  a  direct  annual  tax,  to  pay,  and  suffi- 
cient to  pay  the  interest  on  such  debt,  and  also  to  pay  and  discharge  the 
principal  of  such  debt  within  eighteen  years,  from  the  time  of  the  contracting 
thereof"  This  law  shall  not  take  effect  unless  adopted  by  the  people  at  a 
general  election.  The  debts  authorised  in  the  11th  section,  are  '-debts  con- 
tracted to  repel  invasion,  suppress  insurrection,  or  defend  the  state  in  war," 
and  the  10th  section  allows  the  state  "to  meet  casual  deficits  or  faikires  in 
revenue,  or  for  expenses  not  provided  for," — to  contract  debts,  which  shall  not 
at  any  time,  singly  or  in  the  aggregate,  exceed  one  million  of  dollars.  These 
provisions  show  the  object  to  be  accomplished,  and  how  effectually  that  object 
is  secured.  *  #  *  #  * 

The  principal  object  of  the  convention  was  to  incorporate  the  substance  of 
The  People's  Resolutions"  in  the  constitution,  and  thereby  impose  restrictions 
on  the  debt  creating  power  of  the  Legislature.    This  was  one  of  the  objects 
of  the  7th  article,  and  if  that  object  was  not  accomplished,  the  convention  was 
a  signal  failure. 

Having  been  honored  with  a  seat  in  that  body,  I  think  I  may  speak  v/ith 
some  confidence  of  the  views  and  opinions  of  the  members  of  it,  with  regard 
to  the  financial  policy  to  be  adopted  as  a  part  of  the  fundamental  law.  When 
I  say,  that  not  a  member  of  that  body  supposed,  that  any  power  was  left  with 
the  Legislature  to  contract  debt,  (beyond  the  million  which  was  designed  as 
an  elastic  provision  to  meet  unexpected  contingencies),  except  in  the  mode 
prescribed  in  the  constitution  itself.  I  believe  the  statement  will  be  concurred 
in  by  every  member  who  was  in  his  place  while  the  7th  article  was  uuder 
discussion.  In  corroboration  of  this  statement,  I  appeal  to  the  published 
proceedings  of  the  convention.  There  was  no  compromise  of  the  cardinal 
principal  of  compelling  a  submission  to  the  people  of  every  project  for  the 
creation  of  a  debt,  beyond  $1,000,000.  *  ^  *  ^  * 

The  advocates  of  this  scheme  are  driven  to  extremities  to  maintain  that  this 
bill  creates  no  debt.  The  reasoning  on  which  that  notion  is  based  is  alike 
puerile  and  disreputable,  and  ought  never  to  be  heard  in  the  halls  of  legisla- 
tion. It  is  this:  "so  where  a  mortgage  is  given \vithout  any  covenant  or 
other  engagement  to  pay,  no  debt  is  created,  and  the  only  remedy  is  on  the 
property  mortgaged  ;"  '-so  where  there  is  a  sale  with  the  option  of  re-purchasing 
at  an  advance  price,  no  debt  is  created."  I  would  ask  the  author  of  the  above 
extract,  what  does  the  state  of  New- York  mortgage  by  this  bill  ?  What  does 
it  sell,  with  the  right  to  re-purchase  at  an  advanced  price?  Is  a  certificate 
given  on  the  loan,  deposit  or  delivery  of  money  to  the  state,  declaring  that  the 
person  delivering  is  entitled  to  receive  the  amount  delivered  (if  that  is  the 
least  offensive  word),  in  21  years,  with  interest  semi-annually  until  paid,  a 
mortgage  ?  Does  such  a  certificate  entitle  the  state  to  re-purchase  it,  or  the 
surplus  revenues  of  the  canals,  at  an  advanced  price?  No,  it  is  a  loan,  a 
naked,  bald,  palpable  loan  of  money  on  the  credit  of  the  state  to  which  it  is 
loaned,  and  nothing  else.  *  ^  *  ^  * 

In  my  opinion,  the  receipt  of  the  money  for  which  the  "certificates"  are 
to  be  given,  and  the  giving  of  the  certificates,  create  a  state  debt.    *    ^  * 

The  above  are  the  material  features  and  provisions  of  the  bill,  and  I  regard 
it  as  directly  in  conflict  with  the  constitution  in  its  whole  scope. 

1st.  It  creates  a  state  debt,  in  violation  of  the  12  section  of  article  7  of  the 
constitution.        *  #  *  * 

2d.  This  bill  is  in  conflict  with  sec.  3  of  article  7  of  the  constitution.  That 
section  requires  the  application  of  the  revenues  remaining  after  meeting  the 
appropriations  of  the  1st  and  2d  sections  to  the  specific  objects  provided  for  to 


4 


be  made  annually.  The  language  of  the  section  will  admit  of  no  other  con- 
struction.   It  is  plain,  clear  and  explicit.  *  #  *  ^^ 

3d.  It  is  beUeved  that  this  bill  is  inconsistent  with  section  6  of  the  7th 
article  of  the  constitution. 

By  the  bill,  the  canal  revenues  are  pledged,  or  moitgaged,  to  certain  public 
creditors  for  a  probable  period  of  twenty-one  years;  certainly  for  a  period  but 
a  little  short  of  that  time;  and  the  management  of  the  canals  is  so  tied  up, 
that  they  must  produce  a  remainder  of  revenues  applicable  to  the  payment  of 
the  debt  created  by  the  revenue  certificates,  of  at  least  $800,000  annually. 
The  term  canal,  I  trust,  does  not  signify,  simply,  the  ditch^  in  which  the  water 
HoiDs.  but  all  its  incidents  and  appointments,  including  the  revenues.  The 
canals  cannot  be  incumbered,  or  disposed  of,  by  sale,  lease,  mortgage,  or  in 
any  other  manner.  x\nd  by  parity  of  reasoning,  the  only  valuable  property  of 
the  canals,  to  wit.,  their  revenues,  cannot  be  disposed  of  in  any  like  manner. 

*  ^  This  bill  not  only  mortgages  the  canal  revenues  for  twenty-one  years,  but 
prescribes  such  a  condition  in  the  ma^iagement  of  the  canals,  as  is  wholly 
inconsistent  with  this  constitutional  provision.  Such  seems  to  me  to  be  the 
obvious  effect  of  the  provisions  of  this  bill,  and  I  respectfully  ask  the  attention 
of  Senators  to  the  subject. 

4th.  This  bill  is  repugnant  to  section  8  of  the  7th  article  of  the  constitution. 

^  ^  *  Sections  3,  4  and  5,  of  the  bill,  are  in  direct  conflict  with  the  8th  section 
of  the  constitution,  and  cannot  be  upheld.  The  appropriations  made  by  these 
three  sections,  are  also  obnoxious  to  the  latter  clause  of  this  8th  section — no 
specific  sum  being  appropriated,  and  the  objects  are  too  general  and  multifa- 
rious. I  do  not  claim  the  right,  and,  perhaps,  in  the  language  of  Mr.  Spencer, 
"it  would  not  be  respectful,"  in  me  to  say,  that  this  bill  was  obviously  drawn 
to  foreclose  all  future  legislation  in  reference  to  the  canal  revenues — that  it 
was  probably  suspected  that  some  future  legislature,  mindful  of  its  constitu- 
tional obligations,  might  neglect  to  divert  the  pledged  funds  of  the  state,  from 
their  constitutional  destination,  and  by  that  means  fatally  derange  this  mis- 
chievous scheme — that  it  was  important  so  to  frame  the  bill  that  it  could  be 
carried  out  without  the  aid  of  the  representatives  of  the  people,  and  plunder 
the  treasury,  ad-libiium,  by  the  force  of  its  own  provisions — that  if  innocent 
individuals  became  public  creditors,  under  its  solemn  guaranties,  it  would  be 
thought  to  be  a  monstrous  violation  of  the  public  faith,  to  interpose  so  rickety 
an  '-obstacle"  as  the  constitution  to  their  prejudice,  and  thus,  from  the  neces- 
sity of  preserving  the  public  faith,  the  bill  would  be  permitted  to  run  its  course 
without  interruption.  These  considerations  are  always  potential  with  govern- 
ments, and  they  become  doubly  so  when  the  strong  bonds  of  interest  encircle 
the  sinews  of  labor,  and  the  leprous  distilment  of  public  corruption  has  pene- 
trated all  classes  of  the  commonwealth. 

If  this  bill  shall  pass,  in  all  human  probability,  $9  000,000  ol  bank  bills, 
resting  on  the  funds  represented  by  these  "revenue  certificates"  for  their  basis 
and  security,  will  be  scattered  broad  cast  over  the  state,  and  will  be  found  in 
the  hands  of  the  people,  who  receive  mono}'-  in  small  amounts,  and  pay  it  out 
for  daily  subsistence,  as  well  as  in  those  of  the  more  active  and  enterprising, 
who  mould  public  opinion  to  their  purposes,  and  direct  it  by  exciting  the 
apprehensions  of  the  less  intelligent.  WliBn  such  a  combination  of  interests, 
much  of  it  honest  but  ill-directed,  and  much  of  it  knavish  and  corrupt,  shall 
be  brought  to  bear  on  this  question,  who  will  be  found  to  stand  by  the  con- 
stitution and  breast  the  storm  ?  Who  will  be  found  with  courage  commensu- 
rate to  the  crisis,  to  stand  up  in  the  Legislature  of  tlie  state,  and  oppose  the 
authority  of  the  constitution  to  the  daring  and  flagitious  robberies  of  this  bill? 
History  answers,  no  man.    No,  not  one  ! 


5th.  It  is  submitted  that  the  10th  section  ot  this  bill  cannot  be  constitution- 
ally adopted,  at  this  time.  Whether  it  can  be  in  1854,  depends  on  a  contin- 
gency that  cannot  now  be  known  ;  and  the  present  Legislature  can  make  no 
disposition  of  the  revenues,  which  may,  or  may  not,  be  diverted  to  supply  the 
deficiencies  of  the  general  fund,  until  the  period  has  arrived,  when  it  may  be 
determined  that  the  unappropriated  revenues  will  not  be  sufficient  for  the  ordi- 
nary expenses  of  the  government.  The  Legislature  can  make  no  binding 
provision  on  that  subject  until  the  year  1S54.  Although  this  section  is  not  a 
very  important  one ;  nevertheless,  it  is  an  attempt  to  do  what  cannot  be  con- 
stitutionally done. 

I  have  examined  all  the  provisions  of  this  bill,  which  the  time  allowed  me 
by  the  Senate  has  permitted ;  and  I  have  come  to  the  conclusion,  unhesita- 
tingly, that  the  whole  scheme  is  a  direct,  open  and  palpable  infraction  of  the 
constitution.  The  sections  examined  in  detail,  are  harmonious  parts  of  a 
system.,  and,  I  hesitate  not  to  say,  a  system  of  bold  and  daring  aggressiop 
upon  the  rights  of  the  people,  and  one  which  deserves  the  condemnation  ann 
reproach  of  all  just  men.  The  battle  for  financial  integrity  was  fought  in  this 
state  in  1842,  and  again  in  1846,  and  resulted  in  the  triumph  of  sound  and 
correct  principles.  The  war  is  again  renewed  by  this  bill;  but  a  new  and 
deeply  interesting  element  mingles  in  the  contest.  The  preservation  of  a 
constitutional  governm.ent  is  involved  in  this  issue  ;  and  although  it  is  by  no 
means  the  first  attempt  which  has  been  made  to  overleap  the  barriers  set  by 
the  people,  to  protect  themselves  against  the  rapacity  of  irresponsible  power,  it 
is  the  last  effort  which  can  be  made  in  behalf  of  the  fundamental  law  of  the 
land. 

The  breach  made  by  this  bill  is  too  wide  to  be  closed  or  defended  ;  and 
when  the  pledged  funds  of  the  state  can  be  invaded  in  very  contempt  of  the 
constitution  by  which  they  are  surrounded,  and  should  be  protected — and  that 
too  by  the  men  who  have  solemnly  sworn  to  guard  this  trust  and  respect  the 
instrument  which  declares  it  to  be  sacred,"  our  hopes  of  the  future  perish 
within  us,  and  our  confidence  in  the  fidelity  of  the  representative,  and  in  the 
power  of  the  constitution  by  which  he  is  created,  withers  and  dies.  I  have 
the  consolation  of  being  able  to  reflect,  that  during  the  whole  of  this  struggle, 
I  have  been  upon  the  ramparts,  and  stood  firmly  by  the  right ;  and  now, 
again,  I  am  cheered  by  your  indulgence.  Your  kindness  has  permitted  me  to 
declare  my  opinion  of  this  measure.  I  have  done  so  boldly,  and  I  hope 
respectfully.  I  have  done  what  I  liave  conceived  to  be  a  solemn  duty,  and  I 
have  an  abiding  conviction,  that  come  what  will,  yours  will  be  done  also. 

Respectfully  submitted 

L.  S.  CHATFIELD,  AttY  General. 


Protest  of  the  Senators  who  Resigned. 

To  the  Hon.  »J  anford  E.  Church,  President  of  the  Senate. 

Sir:  The  undej signed,  members  of  the  Senate  of  the  State  of  New- York, 
consider  the  bill  now  about  to  be  put  to  a  final  vote,  authorizing  a  loan  of  nine 
millions  of  dollars  on  a  pledge  of  the  remainder  of  the  canal  revenues  in 
each  fiscal  year,''  as  a  clear,  direct,  and  flagrant  violation  of  the  plain  and 
intelligible  financial  provisions  of  the  constitution.  The  twelfth  section  of 
the  seventh  article  of  that  instrument,  and  which  we  were  all  sworn  to  sup- 
port, when  we  took  our  seats  in  this  Senate,  declares  that  except  the  debts 


6 


specified  in  the  tenth  and  eleventh  sections  of  that  article,  (which  are  debts 
to  meet  casual  deficits  or  failures  of  revenue,  or  for  expenses  not  provided  for, 
not  exceeding  at  any  time  one  million  of  dollars,  and  to  repel  invasion,  sup- 
press insurrection,  or  defend  the  state  in  war,)  no  debt  shall  hereafter  be 
contracted  by  or  on  behalf  of  the  people  of  this  state,  unless  such  debt  be  for  a 
single  work  or  object,  and  a  tax  be  imposed  sufficient  to  pay  the  principal  and 
interest  within  eighteen  years  from  the  time  of  the  contracting  thereof,  and 
that  every  law  authorizing  such  loan  shall,  before  it  takes  effect,  be  submitted 
to  the  people  at  a  general  election,  and  be  approved  by  a  majority  of  all  the 
votes  cast  for  and  against  it  at  such  election. 

The  sixth  section  of  tlie  same  article  declares  that  "The  Legislature  shall 
not  sell,  lease,  or  otherwise  dispose  of  the  canals  of  the  state,  but  they  shall 
remain  the  property  of  the  state,  and  under  its  management  forever." 

The  third  section  of  the  same  article  provides  that  "After  paying  the 
expenses  of  superintendence  and  repairs  of  the  canals,  and  the  sums  appro- 
priated by  the  first  and  second  sections  of  this  article  ($1,650,000  to  pay  our 
existing  state  debt),  there  shall  be  paid  out  of  the  surplus  revenues  of  the 
canals  to  the  treasury  of  the  state,  on  or  before  the  30th  day  of  September  in 
each  year,  for  the  use  and  benefit  of  the  general  fund,  such  sum,  not  exceeding 
two  hundred  thousand  dollars,  as  may  be  required  to  defray  the  necessary 
expenses  of  the  state,  and  the  remainder  of  the  revenues  of  the  said  canals 
shall  in  each  fiscal  year  be  applied,  in  such  manner  as  the  Legislature  shall 
direct,  to  the  completion  of  the  Erie  canal  enlargement,  and  the  Genesee 
Yalley  and  Black  River  canals,  until  the  said  canals  shall  be  completed." 

The  bill  referred  to,  which  is  entitled  "  An  act  to  provide  for  the  comple- 
tion of  the  Erie  canal  enlargement,  and  the  Genesee  Valley  and  Black  River 
canals,"  clearly  violates,  according  to  our  understanding,  both  the  letter  and 
spirit  of  these  provisions  of  the  constitutioxi.  It  authorizes  a  loan  of  $9,000,000, 
without  submitting  the  law  to  the  approval  of  the  people,  and  without  imposing 
a  tax  to  pay  the  debt  contracted,  as  the  constitution  requires.  It  authorizes 
the  creation  of  a  debt  by  the  state  of  nine  millions  of  dollars,  and  pledges  the 
future  revenues  of  the  canals,  which  are  by  the  constitution  to  be  applied  to 
their  completion,  for  its  payment.  It  creates  an  obligation  or  pledge  on  the 
part  of  the  state,  "  so  to  arrange  and  regulate  the  tolls  on  all  of  our  canals,  as 
to  produce  a  surplus  of  at  least  eight  hundred  thousand  dollars  in  each  year 
until  the  Erie  canal  enlargement  is  completed  ;  and  after  that,  sufficient  to 
produce  a  surplus  of  at  least  one  million  of  dollars  in  each  year  until  a  suffi- 
cient sum  shall  have  been  collected  and  safely  invested  to  pay  the  sum 
borrowed;"  thus  mortgaging  the  canals  of  the  state,  and  binding  the  state  to 
impose  tolls  or  taxes  on  transportation  on  all  our  canals,  so  as  to  produce  at 
least  a  given  amount  of  revenue  to  pay  the  mortgage,  however  oppressive  such 
impositions  may  be  to  the  forwarder  or  destructive  to  the  trade  and  business  of 
our  canals.  Such  obligations,  contracted  on  the  part  of  the  state  with  its 
creditors,  amount  to  a  conditional  disposal  of  the  canals  of  the  state,  and 
violate  both  the  letter  and  spirit  of  that  clause  of  the  constitution,  which 
declares  that  the  Legislature  shall  not  sell  or  otherwise  dispose  of  the  canals; 
but  they  shall  remain  the  property  of  the  state,  and  under  its  management 
forever. 

The  bill  also  violates  those  provisions  of  the  constitution  which  direct  "the 
remainder  of  the  revenues  of  the  canals  in  each  fiscal  year"  to  be  applied  to 
their  completion. 

It  appropriates  for  years  to  come  a  portion  of  the  remainder  of  the  revenues 
of  the  canals  to  the  payment  of  interest  on  money  borrowed,  instead  of  applying 
such  remainder  in  each  fiscal  year  to  the  completion  of  the  canals.    It  pledges 


7 


this  remainder  of  the  revenues  in  each  fiscal  year  for  tlie  payment  of  money 
borrowed,  and  which,  when  borrowed  and  placed  in  the  State  Treasury,  may 
be  appropriated  with  a  less  violation  of  good  faith  than  if  it  is  borrowed  to  other 
purposes  than  the  completion  of  the  canals. 

The  bill  also  directs  portions  of  the  money  borrowed,  on  a  mortgage  or 
pledge  of  the  revenues  of  the  canals,  to  be  appropriated  to  the  payment  of  the 
interest  on  the  money  so  borrowed,  thus  recognizing  and  establishmg  the  prin- 
ciple that  the  state  may  borrow  money  and  contract  debts  to  any  extent,  on  a 
pledge  of  the  future  income  of  our  canals^  and  may  increase  that  debt  by  oth- 
er loans  on  like  security  to  pay  interest  on  the  money  previously  borrowed,  and 
may  bind  itself  to  tax  transportation  forever  on  our  canals  to  the  extent  neces- 
sary to  pay  the  debts  thus  contracted. 

The  estabhshment  of  this  principle  nullifies  those  provisions  of  the  constitu- 
tion which  plainly  and  expressly  prohibit  the  Legislature  from  contracting  debts 
without  first  obtaining  the  sanction  of  the  people,  and  from  in  any  way  selling 
or  disposing  of  the  canals,  and  may  in  its  results  impose  on  the  State  the  obli- 
gation to  tax  transportation  on  all  our  canals  by  such  high  foils  as  to  destroy 
their  usefulness  by  driving  business  into  cheaper  and  untaxed  channels  of 
transportation,  or  else  compel  the  State  to  lay  a  direct  tax  on  the  people  to  pay 
the  money  thus  borrowed. 

We  are  in  favor  of  the  enlargement  of  the  Erie  canal  and  the  completion  of 
the  Genesee  Valley  and  Black  River  canals,  and  we  desire  to  have  the  work 
done  in  that  manner  which  the  constitution  authorizes  and  requires.  But  we 
will  not  consent,  for  the  purpose  of  accomplishing  that  or  any  other  object, 
however  desirable,  knowingly  to  violate  the  constitution  and  trample  it  under 
our  feet.  If  the  policy  of  the  Democratic  party  adopted  in  1835,  of  enlarging  the 
canal  by  the  application  of  the  surplus  revenues  to  that  work,  the  enlargement 
could  now  have  been  completed,  and  our  state  debt  so  far  reduced  that  the 
Legislature  could  at  this  tune  remove  the  greatest  obstacle  in  the  way  of  the 
forwarder,  high  tolls. 

We  regret  to  say  that  this  is  not  the  first  instance  in  which  we  have  felt 
constrained  to  differ  in  the  decision  of  an  important  constitutional  question 
which  this  Senate  has  been  called  on  to  decide. 

We  allude  to  the  decision  recently  pronounced  here,  that  a  member  oi  this 
body  duly  elected  with  his  consent,  and  returned  as  a  member  of  Congress, 
and  not  declining  to  accept  the  office,  was  entitled  to  sit  here  as  a  senator 
after  the  commencement  of  his  official  term  as  a  member  of  Congress,  not- 
withstanding the  constitutional  declaration  that  ''no  person,  being  a  member 
of  Congress,  shall  hold  a  seat  in  the  Legislature."  Whether  the  decision 
made  by  a  majority  of  this  body  in  that  case,  was  in  any  degree  influenced 
by  a  desire  on  the  part  of  the  majority  to  retain  the  power  in  this  body  to  carry 
this  and  other  favorite  measures,  we  will  not  assume  the  right  to  determine ; 
but  will  leave  the  decision  of  that  question  to  the  impartial  decision  of  our 
constituents. 

We  have  felt  constrained,  by  the  obligation  which  we  feel  to  support  the 
constitution,  to  oppose  the  passage  of  this  bill  in  every  stage  of  its  progress 
through  the  Senate.  We  cannot  but  regard  its  final  passage  as  a  prostration 
of  all  the  barriers  intended  to  be  erected  by  the  constitution  against  the  abuse 
of  legislative  power  to  borrow  money,  contract  debts,  and  impose  taxes.  It 
now  seems  that  our  arguments,  our  appeals,  and  our  remonstrances  are  in 
vain,  to  arrest  the  passage  of  this  bill.  Under  these  circumstances,  we  camiot 
consent,  by  longer  retaining  our  seats  here,  to  be  accessory  to  what  seems  to 
us  a  deliberate  infraction  of  the  constitution  under  which  our  government  is 
formed,  and  by  which  it  exists. 


8 


All  other  matters  before  the  Legislature,  when  compared  with  this,  sink  into 
insignificance.  We  regard  the  preservation  of  the  constitution,  in  its  full  force 
and  meaning,  as  paramount  to  all  other  considerations ;  and  we  do,  therefore, 
for  the  reasons  herein  stated,  as  the  only  means  left  to  us  to  prevent  this 
attempted  prostration  of  the  provisions  of  the  constitution  restricting  the  debt 
enacting  power  of  the  Legislature,  (a  quorum  of  three-fifths  (20)  of  all  the 
members  elected  being  required  to  be  present  on  its  final  passage),  resign  our 
offices  respectively  as  Senators  of  this  state ;  and  we  submit  the  propriety  and 
justice  of  the  act  to  the  impartial  judgment  of  those  whose  interests  and  rights 
we  were  sent  here  to  represent  and  protect. 

April  17,  185L 

WILLIAM  A.  DART, 

Senator  from  15th  District. 

ALANSON  SKINNER, 

Senator  from  21st  District. 

HENRY  B.  STANTON, 

Senator  from  25thDistrict. 

G.  B.  GUINNIP, 

Senator  from  26th  District. 

JOHN  NOYES, 

Senator  from  18th  District, 

WM.  HORACE  BROWN, 

Senator  from  1st  District. 

To  Sanford  E.  Church,  Lieutenant  Governor  and  President  of  the  Senate. 

I  hereby  resign  my  office  of  Senator  of  the  State  of  New-York  for  the  20th 
senatorial  district.  Your  obedient  servant, 

A.  C.  STONE. 

April  mil,  1851.   


[From  the  Albany  Ev^euing  Atlas  of  Saturday.] 

Veto  of  the  People  on  the  Canal  Bill-the  Demo- 
cratic Senators  Sustained. 

There  was  a  great  and  enthusiastic  meeting  of  the  Democracy  at  the  Capitol 
last  evening.  The  democratic  electors — and  many  good  citizens,  not  parti- 
zans,  who  had  witnessed  with  alarm  the  attempt  upon  the  constitution  and 
the  public  faith — came  forward  to  express  their  congratulations  at  the  safety 
of  the  constitution  and  the  deliverance  of  the  people,  and  to  offer  their  thanks 
and  support  to  the  patriotic  Senators,  who  had  so  nobly  relinquished  their  seats 
at  the  call  of  duty. 

The  meeting  was  organized  on  motion  of  P.  Cagger,  Esq.,  Chairman  of  the 
General  Republican  Committee,  by  the  nomination  of  the  Mayor  of  the  city,  the 
HON.  ELI  PERRY,  President. 

And  on  motion  of  Wm.  Davis,  Esq.,  the  following  Vice-Presidents  were  in- 
vited to  assist: 

ERASTUS  CORNING,  CORNELIUS  VOSBURGH,  JAMES  D.  WASSON. 

GIDEON  HAWLEV,  GERRIT  Y.  LANSING.  WILLIAM  SMHH. 

NICHOLAS  UILL,.Ir.,i  PETER  GANSEVOOKT,  WILLIAM  SEYMOUR, 

GEORGE  MONTEATH, 

Secretaries. 

WM.  MONTEATH,  HENRY  D.  LANSING, 

MATTHEW  McMAHON,  L  STUART  ROSE. 

These  gentlemen  ascended  the  platform  amid  enthusiastic  cheering, 


JOHN  SNYDER, 

Senator  from  8th  District, 

JAMES  C.  CURTIS, 

Senator  from  9th  District, 

GEORGE  H.  FOX, 

Senator  from  16th  District. 

SIDNEY  TUTTLE, 

Senator  from  17th  District. 

CHAS.  A.  MANN, 

Senator  from  19th  District. 


9 


On  Motion  of  Watts  Sherman,  Esq.,  the  Chair  appointed  the  following  gen- 
tlemen a  committee  to  frame  and  report  resolutions  for  the  consideration  of  the 
meeting : 

Watts  Sherman,  William  W.  Forsyth,  John  B.  James,  Andrew  J.  Colvin, 
Hiram  Ferry,  John  Knower,  Henry  H.  Martm,  John  Tracey,  Lemuel  Steele, 
John  McRvoy,  Geo.  Warren,  Joseph  Courtney,  Jeremiah  Osborn,  Joseph  Clin- 
ton, Anthony  Blanchard,  Bradford  R.  Wood,  David  Mahoney. 

At  the  call  of  the  assembled  crowd,  Mr.  Shaw,  of  the  Albany  Argus,  rose 
and  explained  the  objects  of  the  meeting.  At  the  opening  of  his  remarks  the 
delegations  from  the  First  and  Seventh  Wards,  marching  in  procession, 
attempted  to  enter  the  Hall,  already  filled  to  overflowing.  It  was  found 
impossible  to  accommodate  the  multitude,  who  already  filled  a  large  space 
outside  the  building,  and  an  adjournment  to  the  Park  became  necessary. 

Mr.  Shaw  having  concluded,  the  Hon.  Floratio  Seymour,  of  Oneida,  was 
called  to  speak,  and  ascended  the  platform,  amid  loud  and  prolonged  cheer- 
ing, and  every  demonstration  of  enthusiastic  applause.  We  should  do  injus- 
tice in  attempting  to  sketch  his  remarks,  which  were  an  eloquent  vindication 
of  the  constitution,  and  an  exposure  of  the  Whig  pretences  of  exclusive 
attachment  to  the  public  works,  and  an  analysis  of  the  nine  million  bill, 
and  of  the  mode  in  which  it  was  to  be  made  to  operate.  He  concluded  by  a 
manly  avowal  of  his  readiness  to  stand  by  the  Democratic  Senators.  His 
remarks,  which  were  frequently  playful  and  humorous,  and  which  were, 
throughout,  lucid  and  happy,  were  listened  to  with  profound  attention,  and 
elicited  great  applause. 

Hon.  Samuel  J.  Tilden,  of  New-York,  followed,  sustaining  the  views  of  Mr. 
Seymour,  to  whose  legislative  experience  and  whose  intimate  knowledge  of 
this  subject,  he  made  a  happ^r  and  gracefid  acknowledgment — and  explained 
some  of  the  features  of  the  Debt  Bill  and  its  intended  workings,  and  exposed 
its  gross  unconstitutionality. 

At  the  close  of  his  remarks  ^Yatts  Sherman,  Esq.,  chairman  of  the  com- 
mittee on  resolutions,  reported  to  the  meeting  the  following,  which  were 
unanimously  adopted  : 

Resolved,  That  the  republican  electors  of  the  city  of  Albany  have  witnessed 
with  astonishment  the  origin  and  progress  of  the  project  initiated  by  the 
State  Administration  and  nearly  consuminated  by  the  Legislature,  of  adding 
Nine  Millions  of  debt  to  the  burden  of  twenty-two  millions,  under  which  the 
energies  of  the  state  now  labor.  That  a  proposition  of  this  character  has 
struck  us  with  surprise,  originating,  as  it  has,  in  a  time  of  profound  peace  and 
prosperity,  called  for  by  no  public  calamity,  by  no  unexpected  necessity,  by  no 
stringent  demand  of  business,  not  discussed  before  the  people,  nor  petitioned 
for  by  them ;  yet  attempted  to  be  forced  through  the  Legislature  by  a  party 
vote^  and  urged  with  such  recklessness  as  ultimately  to  disorganize  legislation 
and  defeat  the  passage  of  important  bills,  by  compelling  its  opponents  to  resort 
to  the  last  act  of  resistance  and  resign  their  seats.  And  that  we  are  here  to 
express  our  indignation  that  so  great  a  jmhlic  wrong  has  been  attempted. 

Resolved,  That  while  we  know  that  this  project  of  debt  originated  in  no 
public  necessity,  or  in  any  desire  to  promote  the  public  good,  we  believe  that 
we  can  detect  in  its  features  the  evidence  of  other  motives.  It  proposes  to 
grasp  for  more  than  twenty  years  in  advance,  the  revenues  of  the  public  works 
in  order  to  form  the  basis  of  an  expenditure  of  Three  Millions  a  year  tor  three 
years,  and  setting  aside  the  Canal  Commissioners,  to  place  the  control  of  this 
fund,  and  of  the  contracts  under  the  law,  in  the  hands  of  five  Whig  politicians, 
constituting  a  majority  of  one  in  the  Canal  Board — whose  terms  are  about  to 
expire,  and  who  compose  a  tribunal,  whose  past  acts  of  improvidence,  whose 


10 


inexperience  and  looseness  have  forfeited  the  confidence  of  the  people,  and 
whose  only  hope  of  perpetuating  power  or  sustaining  further  the  dynasty  of 
which  they  form  part,  rests  in  the  liberal  expenditure  of  Nine  MiHions  of 
money  in  favored  localities  and  among  active  partizans. 

Resolved^  That  the  Canal  Bill,  which  has  been  defeated  by  the  resolute  and 
manly  resignation  of  Democratic  senators,  is  a  direct  palpable,  and  audacious 
violation  of  the  Constitution  of  this  State;  that  the  expedient  which  it  proposes 
for  raising  nine  millions  of  dollars,  by  whatever  spacious  name  it  may  be  call- 
ed, is  in  its  essential  character  and  practical  effect,  the  creation  of  a  debt ;  is 
inconsistent  with  the  provisions  of  the  Constitution  which  prescribe  the  mode 
in  which  the  surplus  revenues  shall  be  applied  to  the  canals,  and  confine  that 
mode  to  the  expenditure  of  the  surplus  as  it  shall  be  actually  received;  is  in- 
compatible with  the  provisions  which  expressly  prohibit  the  contracting  of 
debts,  except  in  the  manner  therein  specified ;  and  is  in  utter  disregard  of  the 
provision  which  deprives  the  Legislature  of  the  power  to  authorize  or  direct  the 
application  of  the  revenues  for  more  than  two  years  in  anticipation. 

Resolved,  That  if  the  Canal  Bill  were  not  clearly  forbidden  by  the  words  of 
the  Constitution,  it  is  undeniably  within  the  meaning  and  intention  of  the  ex- 
press prohibition  of  that  instrument,  as  shown  by  the  controversies  which  gave 
rise  to  the  convention,  and  the  discussions  which  attended  the  formation  and 
and  adoption  of  the  Constitution. 

Resolved^  That  the  Constitution  is  binding  upon  the  agents  of  the  people 
acting  under  it,  in  the  sense  and  meaning  in  which  its  provisions  were  de- 
signed by  those  who  framed  them  and  the  people  who  adopted  them,  as  shown 
by  contemporaneous  discussions  and  history;  that  the  attempt  to  evade  the 
real  intention  oi  an  instrument  between  private  parties  by  artful  construction 
is  universally  characterised  as  dishonest:  and  that  the  attempt  to  evade  the 
real  intention  of  the  Constitution  by  such  construction  by  the  Legislative  agents 
of  the  people,  is  a  betrayal  of  a  high  trust,  and  a  violation  of  the  solemn  obliga- 
tion of  the  official  oath. 

Resolved^  That  if  the  Legislature  still  have  the  constitutional  power  to  con- 
tract debts,  or  to  anticipate  and  consume  the  revenues  for  an  indefinite  period 
before  they  accrue,  the  present  Constitution  has  utterly  failed  of  the  object  which 
induced  the  people  to  assemble  a  Convention  and  to  establish  a  new  Constitu- 
tion :  and  it  is  vain  to  hope  that  any  language  will  be  sufficient  to  produce 
the  efiect  designed  by  the  people  in  restraining  their  legislative  agents  from 
creating  debts  and  mortgages  upon  the  public  revenues ;  there  is  an  end  to  all 
constitutional  limitations  upon  delegated  power,  and  the  very  foundation  of  re- 
publican government  is  swept  away. 

Resolved,  That  we  are  struck  with  profound  amazement  by  the  attitude  of 
our  Legislature,  sworn  to  support  the  constitution,  proposing  to  issue  a  paper 
"scrip"  or  "certificate"  on  the  face  of  which,  all  obhgations  of  payment  is 
expressly  disavowed,  and  to  authorise  the  reception  of  this  as  a  basis  of  bank 
issues^  when  the  constitution  expressly  declares  that  it  shall  be  the  duty  of 
the  Legislature  to  see  that  all  such  issues  are  "amply  secured." 

Resolved,  That  the  people — the  property  holders — the  laboring  and  indus- 
trial classes — all  classes — all  society — are  deeply  interested  in  the  paper  cur- 
rency of  the  state — that  it  can  have  no  existence  but  by  their  will ;  and  as  it 
affects  and  measures  the  value  of  every  man's  property,  should  never  be 
allowed  existence  unless  upon  a  basis  which  renders  it  readily  convertible  into 
gold  and  silver,  the  only  legal  standard  of  valve. 

Resolved,  That  it  is  preposterous  to  suppose  or  pretend  that  "  certificates," 
which  on  the  one  hand  are  affirmed  to  be  unconstitutional  and  void,  because 
they  create  a  debt  of  liability  on  behalf  of  the  people  of  this  state — on  the 


11 


other,  are  claimed  to  be  legal,  only  because  they  create  no  liability  for  pay- 
ment, can  be  that  ample  security  which  the  constitution  requires — that  the 
issue  of  paper  money  upon  such  a  basis  as  the  certificates  or  scrip  which 
acknowledge  no  ohligation — no  liability — on  the  contrary  disavow  both — is 
an  outrage  upon  all  the  laws  of  wisdom  and  prudence — an  outrage  upon  every 
sound  principle,  upon  the  property  and  industrial  interests  of  the  country,  and, 
above  all,  upon  the  constitution  of  the  people. 

Resolved^  That  we  regard  the  pledge  of  the  public  faith  of  a  state  as  an 
obligation  upon  the  honor  and  conscience  of  the  whole  people,  never  to  be 
made  except  under  the  pressure  of  a  vital  necessity,  and  never  to  be  trifled 
with  or  violated  under  any  necessity  whatever  ;  that  we  point  with  pride  to 
the  position  assumed  by  New- York  in  1S42,  of  resisting  the  increase  of  debt 
and  devoting  its  energies  to  sustaining  its  credit ;  that  the  influence  of  that  po- 
sition was  felt  immediately  in  the  restoration  of  public  confidence,  and  the 
elevation  of  public  and  private  credit ;  that  the  principles  of  wholesome  restraint 
then  adopted  were  deemed  worthy  to  be  incorporated  into  the  constitutions 
of  six  states  of  the  Union,  as  well  as  in  our  own  organic  law ;  that  to  depart 
from  that  policy  by  a  violation  of  the  sacred  obligations  of  the  constitution  would 
be  to  set  an  example  of  evil,  as  before  we  set  an  example  of  good,  and  would 
be  a  retraction  of  the  popular  expression  for  which  the  people  have  given  no 
warrant:  that  a  stain  upon  the  name  of  New- York  would  be  a  wound  upon 
American  credit,  the  consequences  of  which,  at  this  time,  when  Two  Hundred 
Millions  of  American  securities  are  held  in  Europe,  would  be  disastrous  and 
irreparable. 

Resolved,  That  the  refusal  of  the  whig  majority  in  the  Legislature  to  sub- 
mit the  question  to  the  people  in  any  form,  was  inexcusable,  inasmuch  as  the 
proposition  originated  with  an  executive  having  large  and  direct  personal 
interests  in  the  expenditure  of  this  money,  and  was  addressed  to  a  Legislature, 
the  majority  of  which  was  elected  by  a  minority  of  the  popular  vote,  and  was 
to  be  administered  by  a  body  of  state  ofiicers  who  may  desire  to  conceal 
present  deficits  and  past  defaults  under  a  large  loan ;  and  that  we  cannot 
but  regard  the  attempt  to  hurry  this  matter  through  an  extra  session  of  such 
a  legislature,  so  as  to  escape  a  popular  expression,  as  the  last  struggle  of  a 
dynasty  that  fear  the  people,  and  knows  that  in  the  next  general  election  it 
will  be  swept  from  power  and  consigned  to  oblivion. 

Resolved.  That  we  point  with  pride  to  the  contrast  which  the  history  of  this 
state  presents  in  its  administration  by  Whig  or  Democratic  hands.  That  for 
more  than  30  years  the  democractic  party  distinguished  itself  by  the  economy 
and  vigor  widi  which  it  prosecuted  the  public  works,  the  sedulous  care  in  the 
preservation  of  the  public  faith,  the  courage  and  self-sacrifice  in  recalling  the 
state  from  a  spendthrift  and  reckless  policy,  to  that  of  economy  and  payment, 
and  the  guaranties  which  it  embodied  in  the  constitution  to  complete  these 
works,  and  to  extinguish  the  debt  and  free  the  business  of  the  canals  from  the 
heavy  burthen  of  tolls,  and  has  proved  itself  the  faithful  and  honest  fiiend  of 
the  people.  That  on  the  other  hand,  the  Whig  party,  in  spite  of  all  its 
pretences  of  zeal  for  the  more  speedy  completion  of  the  public  works,  has 
proved  itself  their  greatest  enemy,  squandering  the  revenues  exacted  from  the 
canal  interests,  upon  favorite  partizans  in  idle  enterprises,  in  local  speculations, 
and  upon  fraudulent  claims,  and  distinguishing  itself  in  the  third  year  of  the 
administration  of  Seward  by  a  general  suspension  of  the  public  works,  and  in 
the  first  year  of  the  administration  of  Hunt  by  a  partial  one,  and  in  both  by 
close  approach  to  state  bankruptcy. 

Resolved,  That  the  thanks  of  the  Republican  Democracy  of  the  city,  and 
the  whole  state^  are  due  to  the  patriotic  Senators,  who,  bound  by  their  oaths 


12 


and  their  sense  of  duty,  id  obey  and  preserve  the  constitution^  which  called 
them  into  existence,  and  to  protect  the  people  from  the  evils  of  profligate 
legislation,  fell  back  npon  the  last  resources  left  them  to  defend  the  constitu- 
tion, and  to  repel  the  aggressions  made  upon  it,  by  having  recourse  to  the  only 
expedient  left — exhibiting  in  their  willingness  to  resign  their  places^  a  spirit  of 
self-sacrifice  and  submission  to  the  people  in  contrast  with  the  avidity  of 
place,  usurpation  of  power,  and  distrust  of  the  people,  manifested  by  their 
opponents  ;  and  that  we  pledge  ourselves,  in  the  name  of  the  united  Democracy, 
to  stand  by  them  at  all  times,  as  they  have  stood  by  the  constitution  in  its 
moment  of  peril. 

Resolved^  That  out  of  intended  evil  sometimes  comes  good ;  and  that  we 
find  it  a  source  of  congratulation  that  the  onset  which  a  reckless  and  profligate 
faction  have  made  upon  the  constitution  in  this  scheme  of  debt,  has  had  the 
eftect  oi  uniting  in  oiie  hody^  and  animating  with  one  purpose^  the  Democracy 
of  the  state  ;  and  that  we  rejoice  that  we  are  able  to  proclaim,  that  the  united 
Democracy  of  New-  York  are  one  and  indivisible. 

After  the  reading  of  the  resolutions,  and  the  cheers  of  assent  with  which 
thoy  were  received  had  subsided,  the  Hon.  Henry  B.  Stanton  was  introduced 
by  the  Chairman  to  the  m.eeting,  as  ''one  of  the  patriotic  Senators  who  had 
resigned  their  places,  rather  than  by  their  presence  permit  a  violation  of  the 
constitution."    He  was  received  with  cheers  of  approbation. 


[From  the  B^iffalo  Republic  of  April  22. \ 

The  Canal  Bill  Meeting. 

"The  deep  interest  felt  in  this  community  for  the  enlargement  of  the  Erie  Canal,  may  have  induced 
many.democrats  to  commit  themseh'es  in  favor  of  the  Canal  Bill,  who  would,  had  they  examined 
its  provisions,  have  refused  to  sanction  it  in  any  way.  Such  democrats,  now  that  they  cannot  fail 
to  see  in  the  protest  and  resignation  of  twelve  democratic  senators,  the  objectionable  and  unconstitu- 
tional features  of  that  bill,  and  in  the  tremendous  gathering  ot  the  democracy  of  Albany,  the  attitude 
of  the  party  towards  it,  should  not  hesitate  to  repudiate  that  corrupt  and  unconstitutional  measure, 
and  to  array  themselves  with  their  party  friends  on  this  question.  The  Canal  Bill  is  a  whig  measure, 
though  it  may  have  been  partially  and  thoughtlessly  sanctioned  by  a  few  democrats.  It  was  and  is 
designed  to  perpetuate  whig  power  at  the  expense  of  a  broken  aud  discarded  constitution.  It  is  a 
desperate  political  movement,  to  revive  the  dilapidated  fortunes  of  political  leaders. 

If  it  is  so,  ought  democrats  to  sanction  it  in  word  or  deed  ? — ought  they  to  go  to  a  meeting,  where 
that  iniquitous  bill  will  be  endorsed  and  democratic  Senators  denounced?  We  put  these  questions 
to  the  sober  judgment  of  the  democracy  of  Buffalo,  and  especially  to  those  who  have  heedlessly 
given  '■  aid  and  comfort"  to  the  whigs  on  this  question.  No  one  can  doubt  where  the  democracy  of 
the  St-dte  will  stand.  They  will  uphold  the  constitution! — They  will  protect  it  fro 7/1  whig 
assault,  and  those  democrats  who  place  themselves  on  record  in  favor  of  the  Canal  Bill,  will  be 
Compelled  to  abandon  that  position  or  go  to  the  whig  party  1    Of  this  there  can  be  no  doubt. 

Elsewhere,  there  is  no  division  in  the  democratic  party  on  this  subject.  Barnburners  aud  hunkers 
alike  ojipose  the  Canal  Bill.  Sectional  difterences  are  obliterated  and  forgotten  in  the  determination 
to  protect  an  instrument,  which  democrats  hold  to  be  sacred,  from  the  attacks  of  desperate  political 
adventurers.  Senators  I3rown,  Skinner  and  Guinnip,  who  acted  with  the  hunker  section  of  the 
party,  stand  side  by  side  with  Senators  Mann,  Stan'ton  and  others,  who  acted  with  the  radical  sec- 
tion, in  manfully  resisting  the  contemplated  violation  of  the  fundamental  law.  In  this  crisis  laint 
hearted  democrats  hei-e  may  hesitate  as  to  their  course  ;  but  the  democrat  of  principle  and  nerve  will 
be  foimd  on  the  side  of  the  constitution.    At  least,  that  will  be  our  position. 

Ready  and  willing,  as  we  are  at  all  times,  to  advance  to  the  extent  of  our  power,  the  interests  of 
this  city  and  of  its  active  and  enterprizing  commercial  population,  we  can  never  forget  that  we  are 
republicans,  who  revere  the  constitution  and  cannot  assent  to  its  violation,  and  that  social  and  selfish 
claims  upon  us  sink  into  insignificance  when  compared  to  the  claims  which  disinterested  patriotism 
recognizes  and  enforces.  It  is  so,  we  doubt  not,  with  the  great  body  of  the  democracy  here,  and 
we  look  to  them  to  vindicate  the  democratic  policy  at  this  time,  instead  of  aiding  to  swell  the  ranks 
of  our  political  opponents. 


13 


iFrom  the  Daily  Republic,  Buffalo,  April  30,  1851.] 

Tlie  Sober  Triitli. 

The  New-York  Evening  Post  very  truly  remarks,  that  any  further  demonstration  of  the  unconsti- 
tutionality of  the  Canal  Bill  would  be  wasted  upon  those  who  press  this  measure,  knowins  it  con- 
templates a  violation  of  the  Constitution.  They  were  the  unrelenting  opponents  of  the  financial 
policy  of  that  instrument,  for  the  fifteen  years  that  it  was  under  discussion  before  the  people,  and 
they  resisted  it  at  every  stage  of  its  passage  through  the  convention  of  1846.  No  effort  of  ingenuity 
was  spared  to  evade  its  restriction  after  it  became  a  part  of  the  fundamental  law,  and  failing  of  suc- 
cess in  that  way,  they  have  finally  attempted  by  brute  force  to  trample  the  whole  restriction  under 
their  feet — to  burst  the  doors  of  the  Treasury,  and  with  the  nine  miUions  of  which  ihey  expect  to 
possess  themselves,  to  purchase  immunity  from  the  penalties  that  ought  to  follf»w  their  outrage. 

It  is  not,  therefore,  with  them,  a  matter  of  constitutionality,  or  a  question  of  right;  it  is  a  question 
whether  their  burglarious  design  can  succeed,  whether  they  can  get  the  money,  and  with  it  purchase 
a  Legislature  next  winter  which  will  sanction  this  desperate  proceeding;  whether  or  not  they  can 
succeed  in  organizing  a  corps  of  contractors  and  bank  dependencies,  wielding  the  patronage  of  nine  mil- 
lions of  dollars,  and  bound  by  the  strongest  personal  interest  to  prevent  the  indignation  of  the  people 
from  reaching  them  before  they  have  carried  away  their  plunder  to  a  place  ol  safety.  That  this  is 
their  purpose,  the  most  prominent  of  them  do  not  wish  to  conceal.  They  admit  it,  and  challenge  the 
people  to  help  themselves.    The  Post  adds  : 

"  The  question  now  is,  will  the  people  help  themselves?  Will  they  abandon  the  honest  debt  pay- 
ing policy  of  the  state,  for  which  so  much  has  already  been  sacrificed,  the  wisdom  of  which  has  cost 
us  so  much  to  learn,  and  which  has  raised  the  stocks  and  credit  of  New-York  to  a  premium  through- 
out the  civilized  world;  will  they  consent  that  the  state  shall  pledge  nine  millions  of  her  revenues  to 
be  used  as  a  find  for  corrupting  the  politics  of  the  state  ;  will  they  permit  the  restrictions  of  the  Con- 
stitution to  be  mocked  at,  and  all  the  barriers  wisely  {)laced  around  the  Legislature  to  be  laid  pros- 
trate ?  That  is  the  issue  which  is  now  before  us,  and  the  time  when  it  is  to  be  decided  is  Lorrying 
upon  us.  Not  a  day  is  to  be  lost  by  those  whj  desire  to  maintain  the  supremacy  of  the  Constitution. 
Those  who  advocate  the  omnipotence  of  the  Legislature,  are  impelled  to  exertion  by  the  strongest 
inducements  which  can  be  addressed  to  selfishness  and  cupidity.  They  see  constantly  before  them 
a  golden  prize  waiting  to  reward  their  success.  The  friends  of  the  Constitution,  have  no  such  re- 
wards to  tempt  them  and  their  partizans  to  exertion.  They  have  that  larger  and  nobler  interest  in 
the  prosperity  and  honor  of  the  Empire  State,  which  every  citizen  s^hares  alike ;  they  know  that  in 
common  with  the  mass  of  the  people,  they  must  take  their  proportion  of  the  disaster  and  dishonor, 
which  will  follow  a  return  to  the  credit  system  of  1840,  a  system  which  once  brought  our  state  to 
the  verge  of  bankruptcy,  and  compelled  its  public  officers  to  go  into  Wall  street  to  boiTow  money 
upon  their  personal  re3pousil)ility,  to  meet  the  current  expenses  of  government  Beyond  this  they 
have  no  rewards  to  expect  themselves  or  to  share  with  partizans. 

Under  these  circumstances  we  are  aware  that  the  battle  between  the  guardians  and  the  plunderers 
of  the  treasury,  is,  in  some  respects,  an  unequal  one  ;  but  on  that  account,  the  duty  imposed  on  every 
patriotic  citizen,  to  arm  himself  at  once  and  at  all  points  for  the  controversy,  becomes  more  urgent 
and  obligatory.  In  the  country,  we  are  happy  to  perceive  that  all  these  considerations  are  apprecia- 
ted, and  that  the  utmost  activity  prevails,  even  in  districts  most  likely  to  sympathize  with  the  bor- 
rowing movement.  Public  meetings  of  the  most  enthusiastic  description,  have  been  held  in  many  of 
the  cities,  and  many  more  are  announced  in  the  various  local  journals. 

IFrom  the  Daily  Republic,  Buffalo,  May  5,  1851.] 

The  friends  of  the  constitution  and  of  a  sound  financial  policy  in  the  vacant  Senatorial  districts, 
must  be  on  the  alert.  The  whigs  and  their  allies  wiil  stop  at  nothing  to  insure  success.  The  large 
number  of  adventurers,  who  hope  to  realize  large  sums  of  money  from  the  passage  of  the  Canal  Bill, 
will  bleed  "  like  martyrs  in  raising  a  fund  to  be  used  in  three  or  four  of  the  districts.  But  this  will 
not  avail,  if  the  democracy  take  hold  of  the  matter  in  earnest.  Let  each  town  be  thoroughly  orga- 
nized and  the  bill  of  abominations  fully  discussed  and  understood.  I  .et  it  be  proclaimed  that  the  struggle, 
which  is  to  take  place  at  the  close  of  the  month,  is  to  preserve  the  constitution  and  to  maintain  the 
credit  of  the  state.  Let  the  truth,  the  sober  truth,  be  made  known  to  the  electors  and  the  result  can 
not  be  doubtful. 

\_Fromthe  Daily  Republic,  Buffalo,  May  7,  1851.] 

A  Card  of  Tliaiik§. 

Every  true  friend  of  the  democratic  party  and  the  democratic  organization  in  the  state  is  deeply 
indepted  to  the  whigs  for  their  bold  attempt  to  discard  the  constitution  and  to  plunder  the  treasury. 
Our  opponents,  in  their  desire  to  clutch  millions  of  dollars  to  be  used  for  corrupt  political  purposes, 
have  aroused  the  slumbering  democracy  to  an  appreciation  of  their  duty  to  each  other  and  to  the  state. 
Thinking  only  of  the  past,  of  its  contentions  and  divisions,  the  democrats  of  New-York  were  more 
anxious  to  be  revenged  upon  each  other  than  to  sustain  each  other  in  upholding  the  common  princi- 
ples of  the  party-  But  they  have  been  shown,  by  whig  dishonesty  and  desperation,  the  folly  of  this, 
and  the  duty  of  cordial  and  fraternal  action  in  the  future  in  defence  of  the  organic  law  of  the  state. 


14 


Our  wliig  friends,  therefore,  who  have  thus  unwittingly  called  us  to  a  sense  of  duty,  are  entitled  to 
our  most  grateful  acknoledgraents. 

We  need  not  apply  this  brief  sketch  of  political  history,  for  the  reader  will  do  that.  It  is  enough 
to  suy  that  the  position  assumed  by  the  united  democracy  of  this  state  towards  the  nine  million  debt 
bill  is  sound,  right  and  will  bear  the  test  of  discussion  and  of  time.  We  rejoice  that  whiggery  has 
compelled  the  democracy  to  assume  it,  and  has  thus  brought  a  great  and  patriotic  party  to  forget  the 
follies  of  the  past  in  the  high  duties  and  destinies  of  the  future. 

{From  the  Buffalo  Rejniblic  of  May  8,  1851.] 

The  Twelfth  Seetion. 

Let  the  democracy  bear  in  mind  that  heretofore  all  contracts  for  work  on  our  canals  have  been 
given  to  the  lowest  bidder,  who  would  give  satisfactory  security  for  its  performance.  But  the  twelfth 
section  of  the  whig  NINE  MILLION  DEBT  bill  proposes  to  change  entirely  this  safe,  judicious 
and  well-tried  system,  and  to  authorize  a  whig  board,  to  give  contracts  to  complete  the  enlargement 
to  WHOMSOEVER  THEY  PLEASE,  without  reference  to  the  prices  proposed  by  bidders.  This 
is  done  to  enable  this  immense  amount  of  work  to  be  given  to  FAVORITES  at  rates  which  will  ena- 
ble them  to  realize  ENORMOUS  PROFITS  out  of  the  people. 

{From  the  Bvffalo  Rejnihlic  of  May,^7  1851.] 

Tlie  Special  Election. 

The  special  election,  ordered  by  the  Governor,  to  fill  the  places  made  vacant  by  the  resignation  of 
the  twelve  democratic  Senators,  takes  place  to  day.  Before  we  issue  another  paper,  we  shall  be 
apprised  of  the  results.  In  each  of  the  districts  the  democrats  have  nominated  the  Senators  who 
resigned,  and  all,  with  a  single  exception,  have  accepted  the  nominations.  Mr.  Stone,  of  the  Madi- 
son and  Oswego  district,  declined,  and  Charles  Stebbiks,  a  democrat  of  high  character  and  ability 
was  placed  on  the  ticket 

We  have  supposed  that  the  whigs  would  be  able  to  carry  a  sufficient  number  of  districts  to  pass 
the  Canal  Bill.  We  think  so  now.  Desperate  efforts  have  been  made  to  defeat  Messrs.  Mann, 
Stanton.  Skinner  and  Stebbins,  and  we  fear  they  will  be  defeated.  Large  sums  of  money  have 
been  sent  into  their  districts,  and  all  kinds  of  appeals  made  to  the  electors  to  vote  for  the  whig  can- 
didates.   It  is  too  much  to  expect  success  in  these  districts  under  the  circumstances. 

In  the  other  districts,  the  democrats  will  probably  elect  their  candidates. 

But  should  the  whigs  succeed  in  getting  the  power  and  passing  the  Canal  Bill,  the  struggle  will 
not  end  there.  The  banner  of  repeal  will  be  raised  by  the  democracy,  and  the  next  election  will  be 
canvassed  on  that  issue.  Whether  any  one  will  be  found  to  take  scrip  under  these  circumstances,  the 
remains  to  be  seen.  We  do  not  believe  that  capitalists  will  invest  their  means  in  scrip  authorized  by 
a  law  which  the  democratic  party  of  the  State  brand  as  unconstitutional,  and  which  it  is  pledged  to 
repeal  when  it  obtains  the  power. 

The  end  is  not  yet.  whatever  may  be  the  result  of  the  election  to-day.  This  should  be  understood 
on  all  hands.  It  should  be  understood  that  the  democracy  of  the  state  will  not  permit  the  plunder- 
ing of  the  treasury  of  millions  of  dollars  to  be  squandered  upon  political  favorites,  without  at  least 
a  bold  and  determiued  effort  to  prevent  it. 

\_From  the  Daily  Republic,  Buffalo,  May  29,  1851.] 

A  Reasonable  Requeist. 

The  Albany  Journal,  alluding  to  the  determination  of  the  democracy  to  repeal  the  Canal  Bill  should 
it  pass  in  its  present  shape,  says : 

"  The  old  game  of  '42  is  to  be  played  over. — The  value  of  Canal  Script  is  to  be  assailed,  and  if 
possible  depreciated.  A  war  is  to  be  waged  again  against  the  welfare  of  the  people  and  the  prosper- 
ity of  the  State.  "Capitalists"  are  to  be  warned  against  furnishing  means  to  enlarge  the  canal  by 
threats  of  repudiation.  " 

That  the  democracy  vvill  do  all  in  their  power  to  prevent  the  success  of  the  corrupt  whig  scheme 
to  over-ride  the  constitution  and  to  plunder  the  treasury,  cannot  be  doubted.  They  believe  the  Canal 
Bill  to  be  unconstitutional  and  therefore  ask  the  whig  majority  to  submit  it  to  the  Court  of  Appeals, 
before  the  scrip  is  issued,  so  that  the  constitutional  objections  which  have  been  urged  against  it  may 
be  passed  upon  by  that  tribunial.  Is  this  an  unreasoaable  request? — and,  especially,  when  there  are 
scarcly  two  opinions  among  democrats  in  regard  to  the  unconstitutionality  of  the  bill?  If  not  unrea- 
sonable, then  are  not  the  democrats  justified  in  using  every  effort  to  prevent  its  being  carried  into 
effect,  until  the  constitutional  point  is  settled  7 

{From  the  Albany  Evening  Atlas,  of  April  17.] 

The  Constitution  Vindicated. 

The  democratic  Senators,  bavin?  exhausted  argument  and  entreaty,  have  taken  the  last  resort  the 
Constitution  gives  them,  and  sacrificing  position  and  power,  and  with  the  full  consciousness  of  the 
responsibility  of  their  coarse,  have  forced  an  appeal  to  the  People.    The  Nine  Million  Debt  Bill  i^ 


15 


efeated,  and  the  corrupt  faction  that  attempted  to  break  through  the  Constitution  to  seize  this  spoil 
affled  and  driven  home. 

This  is  a  glorious  deed.  Tije  question  which  is  thus  brought  to  a  crisis,  was  no  longer  one  of 
expediency  or  constitutionality.  It  was  a  question  whether  we  should  have  a  representative  govern- 
ment or  not. 

{^From  the  Albany  Evening  Atlas  of  April  16,  1C.>1.] 

The  Debt  Bill. 

The  struggle  against  the  Constitution  will  reach  its  crisis  to-day  in  the  Senate.  The  democrats 
stand  maniully  by  the  C'  nstitution.  The  accidental  administration  and  a  corrupt  lobby  are  exerting 
all  their  energies  to  break  down  the  barriers  that  yet  interpose  between  the  Peo[)le  and  Nine 
Millions  of  public  plunder. 

On  the  one  side  are  the  Constitution,  the  oath  of  office,  the  public  faith,  the  welfare  of  the  people. 
On  the  other.  Nine  Million  of  Dollars,  and  the  official  speculators  who  expect  to  fatten  on  it.  If  the 
question  were  before  the  electors,  there  would  be  doubt  how  they  would  decide.  The  majority  of 
the  people  look  to  the  minority  of  democrats  in  the  Senate  as  their  representatives,  and  demand  of 
them  to  defeat  this  bill. 

[^Frorn  the  Albany  Evening  Atlas,  of  March,  29,  1851.] 

Nine  Million  Additional  Debt  and  the  Canal  Enlargement. 

The  orders  were  given  in  the  Evening  Journal  of  Thursday  last,  that  the  canal  bill  "  be  acted  0% 
as  promptly  as  will  be  consistent  with  an  intelligent  discussion  of  the  subject,^'  which  means  that 
no  discussion  is  necessary  after  it  has  been  pronounced  '•  unquestionably  constitutional  and  eminent 
ly  practical"  by  the  Evening  Journal,  whose  exposition  of  the  Constitution,  will  of  course,  be  in  the 
estimation  of  all  true  followers,  as  infallible  and  authoritative,  as  are  the  declarations  of  the  Koraii 
to  all  true  believers  in  God,  and  that  Mahomet  is  his  prophet.  We  may,  therefore,  expect  that  the 
Canal  Bill, — to  borrow  nine  millions  of  dollars  on  a  sale,  pledge  or  mortgage  of  the  canal  revenues, 
and  to  create  a  debt  of  that  amount  charged  on  those  revenues,  in  direct  violation  of  those  clauses  o? 
the  Constitution  which  declare  that  no  debt  shall  be  contracted  by  or  on  behalf  of  this  State,  except 
as  provided  in  the  Constitution,  and  that  the  surplus  canal  revenues  shall,  in  each  fiscal  year,  be  ap- 
plied to  the  completion  of  the  canals,  and  that  the  Legislature  shall  never  sell,  lease,  or  otherwise 
dispose  of  any  of  the  canals  of  this  State  ;  but  that  the  same  shall  remain  the  property  of  the  State, 
and  under  its  management  forever — will  be  forced  through  both  branches  of  the  Lej^islature  with  a 
rapidity  that  will  astonish  even  the  Chairman  of  the  Canal  Committee,  who  reported  this  bill,  aud 
who  seems  to  have  as  little  difficulty  now  in  getting  around  or  through  the  barriers  of  the  financial 
provisions  of  the  Constitution,  as  he  had  formerly  in  breaking  down  the  safeguards  which  the  Safety 
Fund  law  designed  to  throw  around  our  banking  system. 

From  the  Albany  Evening  Atlas,  of  March  31,  1851.] 

The  Coni^pirstcy  ag^am§t  tlie  Constitution. 

The  demagogues  of  the  Legislature,  who  during  their  excursion  to  New-York,  resolved  to  carry 
through  the  Nine  Million  Debt  Bill — "Constitution  or  No  Constitution" — proceeded  to  the  consunv 
mation  of  tbpir  purpose  on  Saturday,  with  as  much  regard  to  decency  and  the  dignity  of  legislation, 
as  could  be  (4cpected  under  the  circumstances  and  from  the  parties. 

It  must  be  recollected  that  this  bill  had  never  been  asked  for  by  the  people,  that  it  was  regarded 
as  uuconstitutional  by  every  sound-thinking  lawyer  in  the  State  who  spoke  of  it,  that  it  was  denourv- 
ced  as  such  by  the  legislative  minority.  Yet  without  suffering  it  to  be  discussed,  without  calling 
upon  the  law  officer  of  the  State  for  his  opinion,  without  even  giving  time  for  a  public  expression 
upon  it,  the  House  on  Saturday  forced  it  to  a  third  reading,  under  the  call  for  the  previous  questioUj 
cutting  off  all  debate,  suggestion  or  amendment. 

This  is  the  way  in  which  legislation  is  trifled  with  in  the  Assembly.  It  would  seem  as  if  the  two 
Houses  were  struggling  in  a  race  for  popular  contempt. 

[_From  the  Albany  Evening  Atlas  of  April  2,  1851.] 

Constitutionality  of  Mr.  Allen's  Canal  Bill. 

But  this  law  will  pass  the  Legislature.  The  fiat  is  issued,  and  ten  Constitutions  are  no  barrier  to 
a  Legislature  that  must  cater  for  a  party  that  has  already  passed  through  the  second  stage  of  political 
bankruptcy.    Let  us,  therefore,  look  at  the  sequel  of  this  speculation. 

The  present  Legislature  pass  a  law,  authorizing  the  issue  of  certificates  to  the  amount  of  nine  mil- 
lion of  dollars,  with  a  provision  for  their  payment  after  four  years,  which  is  contrary  to  the  express 
language  of  the  8th  section  of  the  7th  article  of  the  Constitution. 

A  FUTURE  LEGISLATURE  (if  an  honest  one)  WILL  PRONOUNCE  THIS  LAW  UNCON- 
STITUTIONAL, as  creating  a  debt  against  the  State,  contrary  to  the  constitutional  provisions,  and 
WILL  REFUSE  TO  PASS  ANY  ACT  MAKING  A  NEW  APPROPRIATION,  OR  CONTINU- 
ING  OR  REVIVING  THE  ONE  MADE  BY  THIS  ACT— and  what  remedy  have  the  certificate 
holders  ?    There  will  be  no  act  of  repudiation  by  the  State  in  so  refusing  to  redeem,  for  it  is  expressiT 


16 


ly  provided  that  there  is  no  debt  created  against  the  State,  or  any  liability  on  her  part,  express  or 
implied,  to  pay  them.    The  contract  in  the  certificate  provides  this. 

The  whole  project  is  contrary  to  the  spirit  and  letter  of  the  Constitution,  and  nnlpss  another  as 
corrupt  Lejrislature  can  hereafter  be  found  as  the  present,  it  is  somewhat  difficult  to  determine  where 
or  by  whom  these  certificates  will  be  I'edeemed.  It  wouM  be  well,  at  all  events,  for  s  .ockjobbers, 
and  speculators  to  obtain  the  opinion  of  the  "special  counsel"  upon  this  provision  of  the  Constitution 
before  investing  largely  in  them.  -\  jv 

[From  the  Alhan'^^E 'fining  Atlas,  April3,  1851.] 

The  Career  of  Folly  Fsalselaood. 

The  Nine  Million  Debt  Bill  w^as  the  subject  of  the  morning  discussion  in  the  Assembly,  The 
whigs,  like  the  Bourbons.  "  learn  nothing,  and  forget  nothing."  Experience  adds  nothing  to  their 
knowledge;  time  abates  nothing  of  their  fatuity.  In  listening  to  the  debate  in  the  Assembly  one 
hears  nothing  but  the  reiteration  of  the  vagu^  generalities,  the  exaggerated  estimates,  the  false  alarms, 
the  fallacies  in  political  economy,  the  slang  and  jargon  which  iu  former  y^ars  were  breathed  into  th^ 
bubble  of  speculation — till  it  exploded.  ^ 

We  venture  to  say  not  only  that  no  honest  body  of  representatives,  in  any  country,  would  tolerate 
Buch  an  opetj  violation  of  the  Constitution  as  is  here  contemplated,  but  that  no  civilized  government 
would  countenance  this  scheme — and  no  legislative  assembly  would  be  disgraced  by  the  falsehoods 
and  puerilities  which  are  the  arguments  used  in  its  behalf. 

No  party,  except  that  party  of  obsolete  ideas  and  sordid  instincts — the  party  in  power  at  Washing- 
ton and  Albany — would  ever  have  concocted  this  shallow  device,  or  expect  to  profit  by  it. 

[From  the  Albany  Evening  Atlas  of  April  1851.] 

The  Mine  MIMiom  Betot. 

This  unconstitutional  project  passed  the  Assembly  yesterday  by  a  vote  of  7G  ayes  (72  whigs,  and 
Burroughs,  of  Orleans,  Hatch,  of  Oswego,  French,  of  Madison,  and  Colvin,  of  Cayuga,  democrats),  to 
87  nays — all  democrats — and  25  absentees,  of  whom  15  were  democrats  and  10  whigs. 

The  law  is  notoriously  and  grossly  unconstitutional — a  violation,  not  of  one,  but  of  a  nyimber  of  the 
most  solemn  injunctions  of  the  Constitution — and  an  outrage  upon  the  whole  spirit  of  that  instrument. 

The  party  that  is  guilty  of  this  wrong  is  a  minority  in  the  State.  It  never  would  have  had  the 
power  to  do  this  but  for  the  divisions  in  the  democratic  ranks.  It  seizes  upon  this  opportunity  as  its 
last  chance  to  engross  and  speculate  upon  the  public  moneys. 

[From  the  Albany  Evening  Atlas  of  April  11,  1851.] 

Tlie  Uefeiice  of  tlie  Coiastitiitioii^ 

Yesterday  the  opinion  of  Attorney-General  Chatfield,  to  whom  the  nine  million  debt  bill  was  re- 
ferred, was  read  in  the  Senate.  It  was" a  masterly  defence  of  the  Constitution  against  this  scheme 
of  plunder.  It  was  clear,  comprehensive  and  manly,  and  swept  away  the  sophistpes,  in  which  this 
scheme  had  been  clcuded,  with  a  bold  hand.  The  bill  now  stands  in  the  Senate,  stamped  with  the 
brand  of  unconstitutionality,  by  the  law  officer  of  the  State.  Senators  must  now  act  !  Before  them 
stand  the  Constitution  and  their  oaths  of  office ;  beyond  is  nine  millions  of  dollars — a  corruption 
fund  for  the  party  of  the  majority  for  the  next  three  years.  They  have  but  to  break  through  their 
oaths  and  the  Constitution,  to  reach  and  grasp  this  glittering  treasure.  It  is  a  temptation  that  they 
cannot  resist! 

[From  the  Onondaga  Standard-^ 

MevoliitioM  Tlfireatenedo 

Should  the  reckless  partizans  and  constitution  breakers  insist  upon  forcing  the  iniquitous  Enlarge- 
ment Bill  through  the  Senate,  the  democratic  members  of  that  body  would  be  fully  justified  by  the 
people  iu  resigning  their  seats  to  prevent  such  a  consummation.  That  they  would  do  so,  we  are  not 
prepared  to  say;  but  they  are  bound  by  their  oaths  to  protect  the  Constityition  in  every  Constitu- 
iional  way.  If  to  do  this  it  becomes  necessary  to  resign  their  seats,  they  should  not  hesitate  a  mo- 
ment in  resorting  to  that  extreme  course.  They  would  not  be  justified  in  retaining  their  places,  and 
acquiescing  in  the  deliberate  violation  of  the  Constitution,  which  the  whigs  propose. 

[From  the  Oswego  Palladium  of  May  20,  1851.]  "       "  i 

"The  SSemocraey  will  still  War  Mpoii' it.''' 

Should  the  twelve  Senators  be  re-elected,  or  men  chosen  who  agree  with  them  in  sentiment,  that 
fcill  end  the  matter.  But  should  a  sufilcient  number  c)f  Senators  be  elected  to  pass  the  Nine  Million 
Bill,  the  tvar  will  then  fairly  comm.ence.  The  law  will  be  thrown  into  the  Supi  eme  Court,  and  the 
question  of  its  constitutionality  determined-  Should  it  be  decided  constitutional,  which  we  have  no 
idea  will  ever  be  done,  the  Democracy  vnll  still  war  upon  it.  They  would  demand  its  repeal,  and 
fight  for  if  to  the  last.  Every  leading  Democrat  in  the  State,  with  two  or  three  exceptions,  as  well 
83  every  Democratic  press,  save  two,  are  arrayed  against  the  scheme.  Who  supposes  that  all  tMs 
force  will  peacefully  surrender  ?    No  one  who  is  familiar  with  their  history. 


